In USA on B1 and Have expired H1B petition. Possibility of H1B stamping while in USA

[tasanj]

Hi,

I have valid B1 visa from X company and expired H1B petition from Y company. Now Z company approced me saying if i can come on B1 visa to USA they will try to place me in some company and if i get selected in interview they will process my expired H1B petition.So i have below queries:

1. What is the success rate as per the above menitoned scenario.
2. What are the precautions i need to take care?
3. What are the clarifications i need to get from Z company before commiting to them.

Please help me as soon as possible.

[raghvi]

Hi,

I have valid B1 visa from X company and expired H1B petition from Y company. Now Z company approced me saying if i can come on B1 visa to USA they will try to place me in some company and if i get selected in interview they will process my expired H1B petition.So i have below queries:

1. What is the success rate as per the above menitoned scenario.
2. What are the precautions i need to take care?
3. What are the clarifications i need to get from Z company before commiting to them.

Please help me as soon as possible.

You have to be very careful of consulting companies who claim " they can place you somewhere".

1. Neither USCIS nor any US govt agency releases these statistics. Though not often but there are success stories of B1 to H1 conversion.
2. You need to ensure the employer is genuine and will pay you irrespective whether they can place you in a client location or not.
3. You will have to weigh in your options. B1 I-94 are sometimes valid for 6 Months sometimes much less. You have to ensure your B1 to H1 COS is approved before your B1-I94 expires. Advisable to apply under premium to avoid any over stay on B1. Also, if the employer is not genuine and doesnt pay you salary as per LCA you would have no where to go as you would have already resigned from the B1 employer, and withour proper pay stubs from employer Z it would be difficult to transfer H1 again to another employer later on. Ask about the projects that the employer Z has, what happens when they cant find a project for you? Can they get you client letters to support your project work? Research about the employer if ther eis any negative feedbacks from previous employers etc.

This is my opinion not legala advice.

[tasanj]

You have to be very careful of consulting companies who claim " they can place you somewhere".

1. Neither USCIS nor any US govt agency releases these statistics. Though not often but there are success stories of B1 to H1 conversion.
2. You need to ensure the employer is genuine and will pay you irrespective whether they can place you in a client location or not.
3. You will have to weigh in your options. B1 I-94 are sometimes valid for 6 Months sometimes much less. You have to ensure your B1 to H1 COS is approved before your B1-I94 expires. Advisable to apply under premium to avoid any over stay on B1. Also, if the employer is not genuine and doesnt pay you salary as per LCA you would have no where to go as you would have already resigned from the B1 employer, and withour proper pay stubs from employer Z it would be difficult to transfer H1 again to another employer later on. Ask about the projects that the employer Z has, what happens when they cant find a project for you? Can they get you client letters to support your project work? Research about the employer if ther eis any negative feedbacks from previous employers etc.

This is my opinion not legala advice.

Thanks raghvi..

See i am not much aware of these process.
How to find out if the employer is genuine? Any suggestions.